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S07010 Summary:

S07010 Actions:

S07010 Committee Votes:

S07010 Floor Votes:

S07010 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7010--C
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      May 24, 2021
                                       ___________
 
        Introduced by Sens. KAMINSKY, GOUNARDES, HOYLMAN, KRUEGER, MAY, SALAZAR,
          SERRANO,  STEC  -- read twice and ordered printed, and when printed to
          be committed to the Committee on Environmental Conservation -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted  to  said  committee  --  committee  discharged,  bill amended,
          ordered reprinted as amended and  recommitted  to  said  committee  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          aquatic  invasive  species  inspection  stations and spread prevention
          efforts; and to amend chapter 330 of the laws of  2014,  amending  the
          environmental  conservation  law relating to aquatic invasive species,
          spread  prevention,  and  penalties,  in  relation  to   making   such
          provisions permanent
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 9-1711 to read as follows:
     3  § 9-1711. Aquatic invasive species inspection stations in the Adirondack
     4              park.
     5    1.  The  department  may establish aquatic invasive species inspection
     6  stations at any location in the Adirondack park and  within  a  ten-mile
     7  radius  of  the Adirondack park boundary, including, but not limited to:
     8  interstate borders, highways, or other roads; locations adjacent  to  or
     9  near waters; and at state-owned facilities to ensure compliance with the
    10  requirements  of  section  9-1710 of this title.   Projects to establish
    11  such aquatic invasive species inspection stations shall be eligible  for
    12  funding  from  appropriations  made  for access and stewardship projects
    13  within the parks, recreation and historic  preservation  account  estab-
    14  lished pursuant to section ninety-two-s of the state finance law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11361-18-1
        S. 7010--C                          2
 
     1    2.  Before  entering  a  waterbody,  owners and operators of motorized
     2  watercraft who are not in possession of a self-issuing certification  or
     3  an  inspection or decontamination certificate since their last operation
     4  of such watercraft in a waterbody shall  stop  at  an  aquatic  invasive
     5  species  inspection  station  where  such station is located adjacent to
     6  such waterbody and open at the time of entering the waterbody  in  order
     7  to  inspect  their watercraft to   ensure compliance  with  the require-
     8  ments of section 9-1710 of this title.  The department shall maintain on
     9  their website a list of such stations and their operating hours in order
    10  to assist motorized watercraft owners and operators in locating stations
    11  where they can inspect and clean their watercraft.
    12    3. The department or other entity designated  by  the  department  may
    13  issue  an  inspection  or  decontamination  certificate  to the owner or
    14  person in possession of a motorized watercraft that has been  inspected.
    15  Such  certificate  shall  include the following details: (a) the name of
    16  the department and of the person who conducted the inspection;  (b)  the
    17  date,  place,  and  time  of  inspection;  (c) any preventative measures
    18  performed or ordered; and (d) decontamination performed.
    19    4. If the department or designated  entity  issues  an  inspection  or
    20  decontamination  certificate to the owner or person in possession of the
    21  motorized watercraft, the department or designated entity may  attach  a
    22  tamperproof  tag  to  the motorized watercraft to certify such motorized
    23  watercraft arriving at a boat launch with  unbroken  tags  could  launch
    24  without  an additional inspection. Such tag may only be removed prior to
    25  a launch.
    26    5. The department  may  recognize  an  inspection  or  decontamination
    27  certificate  issued by another governmental entity, if the other govern-
    28  mental entity adheres to the minimum standards for inspection and decon-
    29  tamination as determined by the department, including but not limited to
    30  recognized uniform standards.
    31    6. The department will review all data collected at  aquatic  invasive
    32  species  inspection  stations,  including any data from designated enti-
    33  ties, to identify any changes to the current practices to better protect
    34  Adirondack lakes and waters.
    35    § 2. Section 9-1710 of the environmental conservation law  is  amended
    36  by adding two new subdivisions 3 and 4 to read as follows:
    37    3. The department may create and maintain a self-issuing certification
    38  designed  for  a  person to demonstrate that reasonable precautions have
    39  been taken prior to launching a watercraft.
    40    4. The department shall conduct education and outreach efforts includ-
    41  ing, but not limited to the following:
    42    (a) establish and maintain a public website for the  dissemination  of
    43  educational materials to promote cleaning, draining and drying of water-
    44  crafts;
    45    (b)  develop  and  distribute educational materials including, but not
    46  limited to, the most effective methods to prevent the spread of  aquatic
    47  invasive  species,  and  the potential for live wells and other interior
    48  water compartments to carry aquatic invasive species such as  the  spiny
    49  water flea; and
    50    (c) include boat washing education in approved boating safety courses.
    51    §  3. Section 4 of chapter 330 of the laws of 2014, amending the envi-
    52  ronmental conservation law relating to aquatic invasive species,  spread
    53  prevention,  and penalties, as amended by section 1 of item O of subpart
    54  B of part XXX of chapter 58 of the laws of 2020, is amended to  read  as
    55  follows:
        S. 7010--C                          3
 
     1    §  4. This act shall take effect one year after it shall have become a
     2  law[, and shall expire and be deemed repealed June 1,  2021].  Effective
     3  immediately, the addition, amendment, and/or repeal of any rule or regu-
     4  lation necessary for the timely implementation of this act on its effec-
     5  tive date is authorized to be made on or before such effective date.
     6    §  4.  Notwithstanding  the  provisions  of  article  5 of the general
     7  construction law, the provisions of section 9-1710 of the  environmental
     8  conservation  law,  as  amended  by  section two of this act, are hereby
     9  revived and shall continue in full force and effect as  such  provisions
    10  existed on May 31, 2021.
    11    §  5.  This act shall take effect immediately; provided, however, that
    12  sections one and two of this act shall take effect on  the  one  hundred
    13  eightieth  day  after  it shall have become a law; and provided further,
    14  however, that section three of this act shall be deemed to have been  in
    15  full force and effect on and after June 1, 2021.